Senate Republicans promise that the first vote to repeal the health care reform law, which is likely to happen Wednesday but is expected to fail, won’t be the last strike at President Barack Obama’s signature legislation.

Senate Democrats are confident they can defeat the Republican amendment to repeal the law in a procedural vote with few, if any, defections.

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POLITICO 44

The vote represents the first chance to force moderate Democrats to make a tough vote to stand by the health care reform law, which has not become more popular since it passed in March. Through this vote and others, Republicans are hoping to build public momentum for repealing the law.

Democrats said they welcome the opportunity to defend the legislation and defeat the attempt to repeal it.

“We know what this health care bill does to families. It helps them,” Majority Leader Harry Reid (D-Nev.) said. “But it appears what the Republicans are doing is focusing again in some way to help the insurance industry — as if they need help.”

Majority Whip Dick Durbin (D-Ill.) stopped short of guaranteeing that he would deliver all the members in his party but said he felt “very good” his 53-vote caucus would stick together to defeat repeal.

“These Republicans are duty-bound to offer this repeal amendment,” Durbin told reporters. “They did it in the House; they’re going to do it in the Senate; and we’ll just deal with it.”

Senate Minority Leader Mitch McConnell (R-Ky.) introduced the repeal amendment on Tuesday, arguing that it was an opportunity for Democrats to take a fresh look at the legislation, just a day after a federal judge in Florida struck down the legislation as unconstitutional.

“For all those who supported the health law, it’s an opportunity to re-evaluate your vote, to listen to your constituents who are desperately trying to get your attention,” he said on the Senate floor. “You can say, perhaps this was a mistake. We can do this better. Or you can continue to dismiss the majority of the people in this country as not knowing what they’re talking about.”

It’s the same repeal legislation that passed the House last month. Republicans have attached it as an amendment to a bill to reauthorize the Federal Aviation Administration.

Democrats plan to call a budget-point-of-order against the amendment, a procedural move designed to highlight the $230 billion that the Congressional Budget Office says would be added to the deficit if the health law is repealed. It requires 60 votes to overcome.

Republicans strongly object to the CBO score, arguing that the law has “budget gimmicks” and would really add to the deficit.

The Senate is also expected to vote on two competing amendments to repeal the 1099 tax reporting requirements in the health care reform law. The provision would require business owners to file tax documents on all cumulative purchases of more than $600 and has been universally panned by the business community as burdensome.

Sen. Mike Johanns (R-Neb.) has a provision pending to repeal the whole requirement, paid for by asking the Office of Management and Budget to find unspent federal money. He has 60 co-sponsors.

Readers' Comments (120)

As the bill has now been declared unconstitutional, the Democratic Senators have a good reason to support repeal and go back to the drawing board for a bill that can be supported by everyone. It may just turn out for the best and save face for all the ruling class members (except for one, that is)

It is NOT unconstitutional. 2 judges have ruled for and 2 against. Until Scotus rules it is the law and will move forward. The R's had over a year to craft a bill that would work for all and all they did was stall and create roadblocks. Eliminating the 1099 provision makes sense as does appropriate tort reform - which btw is in the PPACA bill already to study for later implementation.

Selling policies across state lines is the ultimate anti states rights provision as the states regulate insurance sold in their states of all types. This would be a clear expansion of the commerce clause that makes the mandate look like kindergarten play and frankly has no chance of ever getting past the same states that are suing.

Why is Mr. Mc Connell not pushing to repeal Medicare Part D he has had the chance act on that for the past 5 or so years?

Part D was enacted by the Bush administration in 2003 and went into effect in January 2006. It requires all individuals who enroll for Medicare benefits to buy prescription insurance from private, for-profit insurance companies. Beginning at the time they enroll in Medicare, individuals who do not purchase a Part D insurance plan and who do not have other prescription insurance must pay a one-time penalty as well as increased monthly premiums once they do enroll in Part D.

I this not a government mandate? Were seniors have a choice? Is this okay simply because it was done during a Republican Administration and the current Healthcare Reform Law was done by Democrats?

Please explain to me why in over 5 years no Republican or Tea Party person has not suggested or even addressed the fact that Medicare Part D is also unconstitutional?

He is a fool to do this. It is a waste of time. He is playing politics. He is paid to do his job -- not waste time. The bill is a good bill -- yes, it may need changes. Then change it darn it. Sit down and start working together with the Democrats and the President.

This is the same kind of crap the Republicans did last time. McConnell should be spanked. This is Kentucky arrogance.

“I can make a firm pledge. Under my plan, no family making less than $250,000 a year will see any form of tax increase. Not your income tax, not your payroll tax, not your capital gains taxes, not any of your taxes,” President Obama, September 12, 2008

Beginning January 1, 2013, ObamaCare imposes a 3.8% Medicare tax on unearned income, including the sale of single family homes, townhouses, co-ops, condominiums, and even rental income.

In February 2010, 5.02 million homes were sold, according to the National Association of Realtors. On any given day, the sale of a house, townhome, condominium, co-op, or income from a rental property can push middle-income families over the $250,000 threshold and slam them with a new tax they can’t afford.

This new ObamaCare tax is the first time the government will apply a 3.8 percent tax on unearned income. This new tax on home sales and unearned income and other Medicare taxes raise taxes more than $210 billion to pay for ObamaCare. The National Association of Realtors called this new Medicare tax on unearned income “destructive” and “ill-advised” and warned it would hurt job creation.

By ruling the entire bill unconstitutional, Judge Vinson changed the status quo. So at this time, continuing to implement Obamacare will place the administration in violation of a court order. This is a very very serious circumstance that can result in criminal penalties.

Have the vote and get it over with. Republicans know they don't have the votes to repeal. They are acting in the belief that a no vote for repeal will be damaging for those running for reelection in 2012.

My personal opinion is they have miscalculated. This vote for repeal will be a problem for those who support repeal. The public is divided on full repeal and the polls are trending towards improving it and not repealing.

By ruling the entire bill unconstitutional, Judge Vinson changed the status quo. So at this time, continuing to implement Obamacare will place the administration in violation of a court order. This is a very very serious circumstance that can result in criminal penalties.

Not true at all. Why do you so-called conservatives have such bad information? Too much Fox News? Too much Limbaugh?

The ACA, what you all call Obamacare is being implemented all across the country by Democrats and Republicans alike. The judge did not issue an injunction to stop implementation, so there is NO possible criminal penalties.

You have to wonder why these two judges only go so far? Why don't they issue an injunction? I think it's because they are acting polically. They expect to be overrulled later. They know it's unwise to stop it.

Two Federal Judges appointed by Republicans rejected the Health Care Law. Two Federal judges appointed by Democrats have upheld the legality of the Heath Care Law.

So...what does that tell you? Are our courts as political as our Congress?

I am ashamed at this kind of behavior.

If this holds true.....the Supreme Court will vote 5-4 to throw the bill out.

Why not? The Roberts Court seems to be governed by politics.

While this may be a huge setback, it just might be the tipping point this country needs. The blatant politicking of our SC justices must stop. We now have people lying to get on the court and push an ideology. It can only lead to civil unrest. We count on our courts as the last defender of our rights. I can hardly wait to read the rulings.

The Democrats have to go on record.... and those 23 Democrats up for re=election in 2012 won't like it.

Would think a few Dems, knowing that Obama will veto and that a veto can never be overridden, would vote to repeal in order to save their election chances. But they probably won't, because Harry will take away the key to the executive bathroom if they do.

McConnell is a stench in the nostrils of the very word, "decency." Another goose-stepping Right-Wing goon who insistes upon the destruction of this already-weak nation. He needs to be eradicated from our midst.

"For the first time in the nation's history, the federal government is attempting to force individual Americans to enter into contracts and purchase services from private companies, in this case, insurance companies, or face a penalty," Abbott said in a press release distributed at the conference. "The state attorneys general are challenging this so-called individual mandate requirement, explaining that such an imposition on the American people exceeds Congress' authority and violates Americans' constitutional rights."